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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 3 May 2025
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Displaying 1488 contributions

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Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

You said that not everybody is eligible to access legal aid, so that could be a barrier. I will leave it there for now, but I might come back in later.

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

That point about looking holistically and aiming for cohesion is really useful, because it is easy to get fixated on one little issue in one place and not think about the bigger picture.

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

That is helpful. It is important to get that on the record.

I will shift to a couple of different questions.

What is your view on the arguments put by the Environmental Rights Centre for Scotland that the SCJC does not consult very widely, or widely enough, on court rules that are intended to allow access to justice in environmental cases?

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

Thank you.

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

I appreciate the constraints that you feel under in answering some of our questions, as the subject covers more than two portfolios; it is quite a broad area. We heard clearly from our first panel this morning about the need to examine the whole process of justice. In your opening comments, you outlined the three pillars, one of which is about accessing the information.

Is there anything that you can say about what the Scottish Government is doing to look at the three pillars in a holistic way to see where the elements are? Access is your job; some of the other pillars will be down to planning, local government or environment. How is the Government looking at the subject holistically?

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

There is also the extension of the inability in terms of access to justice at all those levels. Can you tell us about the impact on community groups and local neighbourhoods of the failures in the system and of failures to access justice in relation to health and community cohesion—the things that make us human?

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

I should probably state an interest, having supported the campaign to save the park. It is an interesting example, because it is about the wider issues. The justice and legal system is a means to achieving something—in this case, access to green space in an area where people have lower life expectancy than people elsewhere in the city. There is a real issue of individual and public health.

Do the courts reflect on and understand those kinds of impacts? Community groups and organisations may be going into such things in relation to access to environmental justice, but the impacts are, in fact, about healthy living, community and those kinds of things.

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

Okay. That is understood.

Mark Roberts, I have similar questions for you. How do the barriers impact community groups and people in accessing justice? How is the current non-compliance exacerbating these issues?

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

If people have gone through all those processes and have still not got access to justice through the courts, the chilling effect is the main barrier. In your experience, is there a sense that people just ask themselves, “Why bother? We’ve lost at every stage. What’s the likelihood of success, given the procedural focus of court proceedings?”

Equalities, Human Rights and Civil Justice Committee

Aarhus Convention

Meeting date: 12 November 2024

Maggie Chapman

Thank you for being with us this morning, minister. I will now give you the opportunity to say a little bit more about some of the other areas that you know will be progressed or on which you expect to see progress in the forthcoming report.